Open AccessDifferentiation of the concept of legal aid
Author(s) -
Oksana Krushnitska
Publication year - 1970
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2019.15
Subject(s) - legislator , legal research , legal profession , political science , law , legal realism , legal opinion , empirical legal studies , legal advice , legal pluralism , legal practice , terminology , legislation , black letter law , private law , public law , linguistics , philosophy
This article discusses the relationship between legal, legal aid and legal assistance. The lack of a clear distinction between the term "legal assistence" and the terms "legal aid" and "legal" has led, in our observations, to the conclusions of individual authors and entire institutions that Ukraine's law enshrines in fact a triple system legal aid. Studies have shown that the legislator distinguishes between "legal aid" and "legal" (or legal) assistance, depending on the subject of assistance.
Positive trends in the replacement of legal aid terminology with professional legal aid have been identified and shown. At he article notes that the development and establishment of independent professional legal assistance continues in the future. A large number of reforms and changes, especially at the constitutional level, on the one hand, contribute to improving and improving the development of the institution of professional legal assistance, and on the other hand, there are many contradictions and inconsistencies in this regard, because the introduction of new terms is always a supporter for its introduction and against it.
Legal aid is the most successful term and should be interpreted as a multidimensional legal practice aimed at ensuring the rule of law and the realization of the rights of each person who enters into a specific legal relationship, the content of which is the implementation of legally defined means, including legal advice and clarification of the rights and procedures for their implementation, assistance in the preparation and filing of applications, petitions, complaints and other legal documents, initiation and participation in procedural actions and proper recording of their course and results, assessment of the adherence, validity and admissibility of evidence, analysis of the legality of legal decisions, taking measures to remedy infringed cases. to, damages caused offense.
It also includes some of the problems that need to be addressed by further consolidating professional legal assistance in other regulations to ensure their compliance with the Basic Law of Ukraine.